Texas 2019 - 86th Regular

Texas House Bill HB123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 123
	1	+	By: White, et al. (Senate Sponsor - Watson) H.B. No. 123
	2	+	(In the Senate - Received from the House March 27, 2019;
	3	+	April 1, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 13, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 13, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 123 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to personal identification documents for foster children
6	14		or youth or homeless children or youth.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 264.121, Family Code, is amended by
9	17		adding Subsection (e-3) to read as follows:
10	18		(e-3) When obtaining a copy of a birth certificate to
11	19		provide to a foster youth or assisting a foster youth in obtaining a
12	20		copy of a birth certificate, the department shall obtain the birth
13	21		certificate from the state registrar. If the department is unable
14	22		to obtain the birth certificate from the state registrar, the
15	23		department may obtain the birth certificate from a local registrar
16	24		or county clerk.
17	25		SECTION 2. Subchapter A, Chapter 191, Health and Safety
18	26		Code, is amended by adding Section 191.0049 to read as follows:
19	27		Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR YOUTH
20	28		OR HOMELESS CHILD OR YOUTH. On request of a child or youth
21	29		described by this section, the state registrar, a local registrar,
22	30		or a county clerk shall issue, without fee or parental consent, a
23	31		certified copy of the child's or youth's birth record to:
24	32		(1) a homeless child or youth as defined by 42 U.S.C.
25	33		Section 11434a;
26	34		(2) a child in the managing conservatorship of the
27	35		Department of Family and Protective Services; and
28	36		(3) a young adult who:
29	37		(A) is at least 18 years of age, but younger than
30	38		21 years of age; and
31	39		(B) resides in a foster care placement, the cost
32	40		of which is paid by the Department of Family and Protective
33	41		Services.
34	42		SECTION 3. Subchapter E, Chapter 521, Transportation Code,
35	43		is amended by adding Section 521.1015 to read as follows:
36	44		Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED
37	45		TO FOSTER CHILD OR YOUTH OR HOMELESS CHILD OR YOUTH. (a) In this
38	46		section:
39	47		(1) "Foster child or youth" means:
40	48		(A) a child in the managing conservatorship of
41	49		the Department of Family and Protective Services; or
42	50		(B) a young adult who:
43	51		(i) is at least 18 years of age, but younger
44	52		than 21 years of age; and
45	53		(ii) resides in a foster care placement,
46	54		the cost of which is paid by the Department of Family and Protective
47	55		Services.
48	56		(2) "Homeless child or youth" has the meaning assigned
49	57		by 42 U.S.C. Section 11434a.
50	58		(b) This section applies to the application for a personal
51	59		identification certificate only for a foster child or youth or a
52	60		homeless child or youth.
53	61		(c) Notwithstanding Section 521.101, Section 521.1426, or
54	62		any other provision of this chapter, a child or youth described by
55	63		Subsection (b) may, in applying for a personal identification
56	64		certificate:
57	65		(1) provide a copy of the child's or youth's birth
58	66		certificate as proof of the child's or youth's identity and United
59	67		States citizenship, as applicable; and
60	68		(2) if the child or youth does not have a residence or
61	69		domicile:
62	70		(A) provide a letter certifying the child or
63	71		youth is a homeless child or youth issued by:
64	72		(i) the school district in which the child
65	73		or youth is enrolled;
66	74		(ii) the director of an emergency shelter
67	75		or transitional housing program funded by the United States
68	76		Department of Housing and Urban Development; or
69	77		(iii) the director of:
70	78		(a) a basic center for runaway and
71	79		homeless youth; or
72	80		(b) a transitional living program; or
73	81		(B) use the address of the regional office where
74	82		the Department of Family and Protective Services caseworker for the
75	83		child or youth is based.
76	84		(d) A child or youth described by Subsection (b) may apply
77	85		for and the department may issue a personal identification
78	86		certificate without the signature or presence of or permission from
79	87		a parent or guardian of the child or youth.
80	88		(e) The department shall exempt a child or youth described
81	89		by Subsection (b) from the payment of any fee for the issuance of a
82	90		personal identification certificate under this chapter, subject to
83	91		Section 521.4265.
84	92		SECTION 4. Section 521.1811, Transportation Code, is
85	93		amended to read as follows:
86	94		Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR YOUTH OR
87	95		HOMELESS CHILD OR [CARE] YOUTH. A person is exempt from the payment
88	96		of any fee for the issuance of a driver's license, as provided under
89	97		this chapter, if that person is:
90	98		(1) younger than 18 years of age and in the managing
91	99		conservatorship of the Department of Family and Protective
92	100		Services; [or]
93	101		(2) at least 18 years of age, but younger than 21 years
94	102		of age, and resides in a foster care placement, the cost of which is
95	103		paid by the Department of Family and Protective Services; or
96	104		(3) a homeless child or youth as defined by 42 U.S.C.
97	105		Section 11434a.
98	106		SECTION 5. Section 521.421, Transportation Code, is amended
99	107		by adding Subsection (k) to read as follows:
100	108		(k) A person applying for the issuance or renewal of a
101	109		license, including a duplicate license or a license issued or
102	110		renewed over the Internet or by other electronic means, may elect to
103	111		contribute $1 or more to the identification fee exemption account
104	112		established under Section 521.4265.
105	113		SECTION 6. Section 521.422, Transportation Code, is amended
106	114		by adding Subsection (d) to read as follows:
107	115		(d) A person applying for the issuance or renewal of a
108	116		personal identification card, including a duplicate personal
109	117		identification card or a personal identification card issued or
110	118		renewed over the Internet or by other electronic means, may elect to
111	119		contribute $1 or more to the identification fee exemption account
112	120		established under Section 521.4265.
113	121		SECTION 7. Subchapter R, Chapter 521, Transportation Code,
114	122		is amended by adding Section 521.4265 to read as follows:
115	123		Sec. 521.4265. IDENTIFICATION FEE EXEMPTION ACCOUNT. (a)
116	124		The identification fee exemption account is created as an account
117	125		in the general revenue fund of the state treasury. The fund consists
118	126		of grants and donations made to the department for the purposes of
119	127		this section, including donations received under Sections
120	128		521.421(k) and 521.422(d). The department shall administer the
121	129		account. Money in the account may be appropriated for the purposes
122	130		of Subsection (b).
123	131		(b) For each exemption granted under Section 521.1015 or
124	132		521.1811, the department shall deposit to the credit of the Texas
125	133		mobility fund an amount from the identification fee exemption
126	134		account under Subsection (a) that is equal to the amount of the
127	135		waived fee that would otherwise be deposited to the mobility fund.
128	136		(c) The department may not grant an exemption under Section
129	137		521.1015 or 521.1811 if money is not available in the
130	138		identification fee exemption account to meet the requirements of
131	139		Subsection (b).
132	140		SECTION 8. The changes in law made by this Act apply to an
133	141		application for a driver's license, personal identification
134	142		certificate, or birth record submitted on or after the effective
135	143		date of this Act. An application for a driver's license, personal
136	144		identification certificate, or birth record submitted before the
137	145		effective date of this Act is governed by the law in effect on the
138	146		date the application was submitted, and the former law is continued
139	147		in effect for that purpose.
140	148		SECTION 9. This Act takes effect September 1, 2019.
141		-	______________________________ ______________________________
142		-	President of the Senate Speaker of the House
143		-	I certify that H.B. No. 123 was passed by the House on March
144		-	26, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
145		-	voting; and that the House concurred in Senate amendments to H.B.
146		-	No. 123 on May 23, 2019, by the following vote: Yeas 142, Nays 0, 1
147		-	present, not voting.
148		-	______________________________
149		-	Chief Clerk of the House
150		-	I certify that H.B. No. 123 was passed by the Senate, with
151		-	amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
152		-	0.
153		-	______________________________
154		-	Secretary of the Senate
155		-	APPROVED: __________________
156		-	Date
157		-	__________________
158		-	Governor
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